30364 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations 

(3) The Coast Guard will provide 

notice of the regulated areas by 

Broadcast Notice to Mariners and onscene designated representatives. 

(e) Effective period. This rule is 

effective on April 21, 2015 through May 

31, 2015. This rule will be enforced 

when STS operations commence until 

TUG THOMAS and BARGE OCEANUS 

depart the Savannah River. 

Dated: May 14, 2015. 

A.M. Beach, 

Commander, U.S. Coast Guard, Captain of 

the Port Savannah. 

[FR Doc. 2015–12637 Filed 5–27–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2009–0041–N–4] 

49 CFR Part 234 

RIN 2130–AC50 

Systems for Telephonic Notification of 

Unsafe Conditions at Highway-Rail and 

Pathway Grade Crossings 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The purpose of this document 

is to update the current schedule of civil 

penalties for violations of FRA’s grade 

crossing safety regulations by adding 

recommended civil penalty amounts for 

violations of specific requirements 

contained in a recently added subpart. 

That subpart prescribes requirements 

that certain railroads establish 

emergency notification systems (ENS) 

for receiving toll-free telephone calls 

reporting various unsafe conditions at 

highway-rail grade crossings and 

pathway grade crossings, and for taking 

certain actions in response to those 

calls. 

DATES: Effective May 28, 2015. 

FOR FURTHER INFORMATION CONTACT: Beth 

Crawford, Transportation Specialist, 

Grade Crossing Safety and Trespass 

Prevention, Office of Safety Analysis, 

FRA, 1200 New Jersey Avenue SE., Mail 

Stop 25, Washington, DC 20590 

(telephone: 202–493–6288), 

beth.crawford@dot.gov; or Sara 

Mahmoud-Davis, Trial Attorney, Office 

of Chief Counsel, FRA, 1200 New Jersey 

Avenue SE., Mail Stop 10, Washington, 

DC 20590 (telephone: 202–366–1118), 

sara.mahmoud-davis@dot.gov. 

SUPPLEMENTARY INFORMATION: FRA is 

revising the penalty schedule at 

appendix A to 49 CFR part 234 to add 

recommended civil penalty amounts for 

violations of specific requirements 

contained in subpart E, Emergency 

Notification Systems [ENS] for 

Telephonic Reporting of Unsafe 

Conditions at Highway-Rail and 

Pathway Grade Crossings. (See FRA’s 

final rule published on June 12, 2012, 

77 FR 35164; March 15, 2013, 78 FR 

16414.) The recommended civil 

penalties are for violations related to the 

various requirements of an ENS, which 

includes the: (1) Sign(s) placed at the 

grade crossing that display the 

information necessary for the public to 

report an unsafe condition to the 

appropriate railroad; (2) method the 

railroad uses to receive and process a 

telephone call reporting the unsafe 

condition; (3) remedial action the 

appropriate railroad or railroads take to 

address the report of the unsafe 

conditions; and (4) recordkeeping 

conducted by the railroad(s). 

Under authority delegated from the 

Secretary of Transportation, FRA adds 

these recommended penalty amounts to 

the penalty schedule consistent with the 

requirements of 49 U.S.C. 21301(a)(2), 

which provides, in pertinent part, that: 

[t]he Secretary of Transportation shall 

include in, or make applicable to, each 

regulation prescribed . . . under chapter 201 

of this title a civil penalty for a violation. 

* * * The amount of the penalty shall be at 

least $500 but not more than $25,000. 

However, when a grossly negligent violation 

or a pattern of repeated violations has caused 

an imminent hazard of death or injury to 

individuals, or has caused death or injury, 

the amount may be not more than $100,000. 

See delegation from the Secretary to the 

Administrator of FRA at 49 CFR 1.89(a). 

Under the separate authority of the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 as amended, 

FRA has periodically adjusted for 

inflation the amounts of the minimum, 

ordinary maximum, and aggravated 

maximum civil penalties for a violation 

of this part. Public Law 101–410, 104 

Stat. 890, 28 U.S.C. 2461, note, as 

amended by Section 31001(s)(1) of the 

Debt Collection Improvement Act of 

1996, Public Law 104–134, 110 Stat. 

1321–373, April 26, 1996. Currently, the 

minimum penalty is $650, the ordinary 

maximum civil penalty is $25,000; and 

the aggravated maximum civil penalty is 

$105,000. See, e.g., 73 FR 76704, Dec. 

30, 2008; 77 FR 24422, Apr. 24, 2012. 

As provided for in footnote 1 to 

appendix A, the Administrator 

specifically reserves the authority to 

assess the maximum penalty of 

$105,000 for any specific violation if the 

circumstances of the particular violation 

warrant. 

After FRA issues a civil penalty 

against an entity, FRA may adjust or 

compromise the amount of the civil 

penalty based on a wide variety of 

mitigating factors, which include: (1) 

The nature, circumstances, extent, and 

gravity of the violation; (2) with respect 

to the entity, the degree of culpability, 

any history of violations, the ability to 

pay, and any effect on the ability to 

continue to do business; and (3) other 

matters that justice requires. 49 U.S.C. 

21301(a)(3). 

FRA’s revision of appendix A is a 

general statement of policy under 5 

U.S.C. 553(b)(3)(A). Consequently, 

notice and an opportunity for comment 

are not required, and this amendment is 

made effective upon publication. 

List of Subjects in 49 CFR Part 234 

Highway safety, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements, State and local 

governments. 

In consideration of the foregoing, FRA 

amends part 234 of chapter II, subtitle 

B of title 49, Code of Federal 

Regulations as follows: 

PART 234—GRADE CROSSING 

SAFETY 

■ 1. The authority citation for part 234 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20152, 

20160, 21301, 21304, 21311, 22501 note; Pub. 

L. 110–432, Div. A., Sec. 202; 28 U.S.C. 2461, 

note; and 49 CFR 1.89. 

■ 2. Amend appendix A to part 234 by: 

■ a. Adding, after the end of the entry 

for subpart D, an entry for subpart E; 

■ b. Revising footnote 1; and 

■ c. Adding footnotes 2, 3, 4, 5, 6, and 

7, to read as follows: 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations 30365 

APPENDIX A TO PART 234—SCHEDULE OF CIVIL PENALTIES 1

Section Violation Willful 

violation 

* * * * * * * 

Subpart E—Emergency Notification Systems for Telephonic Reporting of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings 

234.303 Emergency notification systems (ENS) for telephonic reporting of unsafe conditions at highway-rail 

and pathway grade crossings: 

(a) Dispatching railroad fails to establish and maintain a toll-free telephone service by which the railroad 

can directly and promptly receive telephone calls (calls) from the public of reports of unsafe conditions 

at crossings ................................................................................................................................................... 15,000 25,000 

(a)(1) Dispatching railroad fails to have either a live person answer calls directly and promptly, or use an 

automated answering system or third-party telephone service for receiving calls from the public of reports of unsafe conditions at crossings ........................................................................................................ 10,000 15,000 

(a)(2) Dispatching railroad improperly uses an automated answering system ................................................ 10,000 15,000 

(b)(1)–(2) Excepted dispatching railroad improperly uses answering machine to receive calls of unsafe 

conditions at crossings .................................................................................................................................. 5,000 7,500 

(b)(2) Excepted dispatching railroad fails to use proper method to receive calls of unsafe conditions at 

crossings during either operational or non-operational hours ...................................................................... 5,000 7,500 

(e) Dispatching railroad improperly uses local telephone number to receive calls of unsafe conditions at 

crossings ....................................................................................................................................................... 5,000 7,500 

234.305 Remedial actions in response to reports of unsafe conditions at highway-rail and pathway grade 

crossings: 

Response to credible report of warning system malfunction at a highway-rail grade crossing. 

(a)(1) Maintaining railroad fails under subpart C to follow subpart C of this part 2 ......................................... 5,000 7,500 

(a)(2)(i) Dispatching railroad fails to promptly contact all trains authorized to operate through the crossing 

and inform them of the reported malfunction ............................................................................................... 5,000 7,500 

(ii) Dispatching railroad fails to promptly contact the maintaining railroad and inform it of the reported malfunction .......................................................................................................................................................... 5,000 7,500 

Response to public report of warning system malfunction at a highway-rail grade crossing. 

(b)(1)(i) Railroad with both maintaining and dispatching responsibilities fails to promptly contact all trains 

authorized to operate through the crossing and inform them of the reported malfunction .......................... 5,000 7,500 

(ii) Railroad with both maintaining and dispatching responsibilities fails to promptly contact the appropriate 

law enforcement agency and inform it of the reported malfunction ............................................................. 5,000 7,500 

(iii) Railroad with both maintaining and dispatching responsibilities fails to promptly investigate the report, 

determine the nature of the malfunction, and take the appropriate remedial action ................................... 5,000 7,500

(b)(2)(i) Railroad with only dispatching responsibility fails to promptly contact all trains authorized to operate through the crossing and inform them of the reported malfunction ....................................................... 5,000 7,500 

(ii) Railroad with only dispatching responsibility fails to promptly contact the appropriate law enforcement 

agency and inform it of the reported malfunction ......................................................................................... 5,000 7,500 

(iii) Railroad with only dispatching responsibility fails to promptly contact the maintaining railroad and inform it of the reported malfunction ................................................................................................................ 5,000 7,500 

(iv) Maintaining railroad fails to promptly investigate the report, determine the nature of the malfunction, 

and take the appropriate remedial action ..................................................................................................... 5,000 7,500 

Response to report of warning system failure at a pathway grade crossing. 

(c)(1)(i) Railroad with both maintaining and dispatching responsibilities fails to promptly contact all trains 

authorized to operate through the crossing and inform them of the reported failure .................................. 5,000 7,500

(ii) Railroad with both maintaining and dispatching responsibilities fails to promptly contact the appropriate 

law enforcement agency and inform it of the reported failure ...................................................................... 5,000 7,500 

(iii) Railroad with both maintaining and dispatching responsibilities fails to promptly investigate the report, 

determine the nature of the failure, and without undue delay repair the active warning system if necessary ............................................................................................................................................................ 5,000 7,500 

(c)(2)(i) Railroad with only dispatching responsibility fails to promptly contact all trains authorized to operate 

through the crossing and inform them of the reported failure ............................................................................. 5,000 7,500 

(ii) Railroad with only dispatching responsibility fails to promptly contact the appropriate law enforcement 

agency and inform it of the reported failure ................................................................................................. 5,000 7,500 

(iii) Railroad with only dispatching responsibility fails to promptly contact the maintaining railroad and inform it of the reported failure ........................................................................................................................ 5,000 7,500 

(iv) Maintaining railroad fails to promptly investigate the report, determine the nature of the failure, and 

without undue delay repair the active warning system if necessary ............................................................ 5,000 7,500 

Response to report of a disabled vehicle or other obstruction blocking a railroad track at a highway-rail or 

pathway grade crossing. 

(d)(1)(i) Railroad with both maintaining and dispatching responsibilities fails to promptly contact all trains 

authorized to operate through the crossing and inform them of the reported obstruction ........................... 5,000 7,500 

(ii) Railroad with both maintaining and dispatching responsibilities fails to promptly contact the appropriate 

law enforcement agency and inform it of the reported obstruction .............................................................. 5,000 7,500 

(iii) Railroad with both maintaining and dispatching responsibilities fails to promptly investigate the report, 

determine the nature of the obstruction, and without undue delay take the necessary action to have the 

obstruction removed ...................................................................................................................................... 5,000 7,500 

(d)(2)(i) Railroad with only dispatching responsibility fails to promptly contact all trains authorized to operate through the crossing and inform them of the reported obstruction ........................................................ 5,000 7,500 

(ii) Railroad with only dispatching responsibility fails to promptly contact the appropriate law enforcement 

agency and inform it of the reported obstruction .......................................................................................... 5,000 7,500 


wreier-aviles on DSK5TPTVN1PROD with RULES
30366 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations 

APPENDIX A TO PART 234—SCHEDULE OF CIVIL PENALTIES 1—Continued 

Section Violation Willful 

violation 

(iii) Railroad with only dispatching responsibility fails to promptly contact the maintaining railroad and inform it of the reported obstruction ................................................................................................................ 5,000 7,500 

(iv) Maintaining railroad fails to promptly investigate the report, determine the nature of the obstruction, 

and without undue delay take the necessary action to have the obstruction removed ............................... 5,000 7,500 

Special rule on contacting a train that is not required to have communication equipment. 

(e) Having received a report pursuant to § 234.303(c)(1), (c)(2), (d)(1), or (d)(2), railroad fails to promptly 

contact the occupied controlling locomotive of the train by the quickest means available consistent with 

§ 220.13(a) of this chapter ............................................................................................................................ 5,000 7,500 

Response to report of an obstruction of view at a highway-rail or pathway grade crossing. 

(f)(1) Railroad with both maintaining and dispatching responsibilities fails to timely investigate the report 

and remove the obstruction if it is lawful and feasible to do so ................................................................... 5,000 7,500 

(f)(2)(i) Railroad with only dispatching responsibility fails to promptly contact the maintaining railroad ......... 5,000 7,500 

(ii) Maintaining railroad fails to timely investigate the report and remove the obstruction if it is lawful and 

feasible to do so ............................................................................................................................................ 5,000 7,500 

Response to report of other unsafe condition at a highway-rail or pathway grade crossing. 

(g)(1) Railroad with both maintaining and dispatching responsibilities fails to timely investigate the report, 

and timely correct the unsafe condition if it is lawful and feasible to do so ................................................. 5,000 7,500 

(g)(2) Railroad with only dispatching responsibility fails to promptly contact the maintaining railroad ........... 5,000 7,500 

(g)(3) Maintaining railroad fails to timely investigate the report, and timely correct the unsafe condition if it 

is lawful and feasible to do so ...................................................................................................................... 5,000 7,500 

Maintaining railroad’s responsibilities for receiving reports of unsafe conditions at highway-rail and pathway 

grade crossings. 

(h)(1)(i) Maintaining railroad fails to provide sufficient contact information to dispatching railroad, by which 

the dispatching railroad may timely contact the maintaining railroad upon receipt of a report ................... 5,000 7,500 

(ii) Maintaining railroad fails either to have a live person answer calls directly and promptly, or to use an 

automated answering system for receiving calls from the dispatching railroad of a report of an unsafe 

condition ........................................................................................................................................................ 10,000 15,000 

(iii) Dispatching railroad improperly uses an automated answering system .................................................... 10,000 15,000 

(h)(2)(i)–(ii) Excepted maintaining railroad fails to use proper method to receive calls of unsafe conditions 

at crossings during operational or non-operational hours ............................................................................ 5,000 7,500 

234.306 Multiple dispatching or maintaining railroads with respect to the same highway-rail or pathway 

grade crossing; appointment of responsible railroad: 

(a)(1) Each of the dispatching railroads for the crossing fails to appoint a primary dispatching railroad for 

the crossing ................................................................................................................................................... 10,000 15,000 

(a)(1)(i)–(iv) The primary dispatching railroad for the crossing fails to carry out one of the prescribed duties ................................................................................................................................................................. 5,000 7,500 

(a)(2) Another pertinent dispatching railroad for the crossing fails to carry out remedial action as required 

by § 234.305 .................................................................................................................................................. 5,000 7,500 

(b)(1) Each of the maintaining railroads for the crossing fails to appoint one maintaining railroad responsible for the placement and maintenance of the ENS sign(s) ...................................................................... 5,000 7,500 

(b)(2) The assigned maintaining railroad in § 234.306(b)(1) fails to display on the ENS sign(s) the emergency telephone number of the dispatching railroad or primary dispatching railroad for the crossing ....... 5,000 7,500 

(c)(1) The dispatching railroad or primary dispatching railroad fails to promptly contact and inform the appropriate maintaining railroad(s) for the crossing of the reported problem .................................................. 5,000 7,500 

(c)(2) The maintaining railroad fails to carry out remedial action as required by § 234.305 ........................... 10,000 15,000 

234.307 Use of third-party telephone service by dispatching and maintaining railroads 3: 

(a)(1) Dispatching railroad improperly uses third-party telephone service ...................................................... 10,000 15,000 

(a)(2) Dispatching railroad fails to ensure third-party telephone service compliance with § 234.307 ............. 10,000 15,000 

(b)(1) Maintaining railroad improperly uses third-party telephone service ....................................................... 10,000 15,000 

(b)(2) Maintaining railroad fails to ensure third-party telephone service compliance with § 234.307 .............. 10,000 15,000 

(d)(1) Railroad fails to provide sufficient contact information to third-party telephone service ........................ 2,500 5,000 

(d)(2)(i) Railroad fails to inform FRA in writing before the implementation of a third-party telephone service 2,500 5,000 

(ii) Railroad fails to provide FRA with contact information for the third-party telephone service .................... 2,500 5,000 

(iii) Railroad fails to provide FRA with information identifying the crossings about which the third-party telephone service will receive reports ................................................................................................................ 2,500 5,000 

(d)(3) Railroad fails to inform FRA in writing within 30 days following any changes in the use of, or the discontinuance of, third-party telephone service ............................................................................................... 2,500 5,000 

(d)(4) 4 Dispatching or maintaining railroad fails to take appropriate action required by § 234.305. 

(e) 5 Railroad fails to ensure third-party telephone service compliance with § 234.313 or § 234.315, as applicable. 

234.309 ENS signs in general: 

(a) Dispatching railroad fails to provide ENS telephone number to the maintaining railroad a minimum of 

180 days prior to the required implementation date of the ENS .................................................................. 2,500 5,000 

(b)(1)–(3) 6 Responsible railroad fails to display minimum required information on ENS sign ........................ 5,000 7,500 

(c)(1)–(4) 7 Responsible railroad fails to display ENS sign that meets size and other physical requirements 5,000 7,500 

234.311 ENS sign placement and maintenance: 

(a)(1)–(2) Responsible railroad fails to place and maintain required number of sign(s) at the crossing or 

entrance(s) to facility ..................................................................................................................................... 5,000 7,500 

(b)(1)–(2) Responsible railroad fails to properly locate and maintain the sign(s) at the crossing ................... 5,000 7,500

234.313 Recordkeeping: 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations 30367 

APPENDIX A TO PART 234—SCHEDULE OF CIVIL PENALTIES 1—Continued 

Section Violation Willful 

violation 

(a)(1)–(9) Railroad fails to maintain in its records the minimum information required for each ENS report 

received ......................................................................................................................................................... 2,500 5,000 

(c)(1)–(2) Responsible railroad(s) fail(s) to record in writing an appointment of a railroad, pursuant to 

§ 234.306, or properly retain a copy of the document .................................................................................. 2,500 5,000 

(d)(1) Railroad fails to properly retain records ................................................................................................. 2,500 5,000 

(d)(2) Railroad fails to provide FRA access to records .................................................................................... 2,500 5,000 

234.315 Electronic recordkeeping: 

(a)–(b) Railroad fails to comply with electronic recordkeeping requirements .................................................. 2,500 5,000 

1A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to 

$105,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. To facilitate the assessment of penalty amounts, the 

specific types of violations of a given section are sometimes designated by the paragraph of the section (e.g., ‘‘(a)’’) and a code not corresponding to the legal citation for the violation (e.g., ‘‘(1)’’), so that the complete citation in the penalty schedule is e.g., ‘‘(a)(1).’’ FRA reserves 

the right to revise the citation of the violation in the Summary of Alleged Violations issued by FRA in the event of litigation. 2Either this section or the parallel section of subpart C of this part may be cited, but not both. 

3FRA does not plan to assess civil penalties against a third-party telephone service, under § 234.307(c) or (e). However, FRA plans to assess 

violations against the dispatching and maintaining railroads for failing to ensure that the third-party telephone service complies with the requirements of §§ 234.307, 234.313, or 234.315, if applicable. See § 234.307(a), (b), (e). 4For a violation of § 234.307(d)(4), a penalty should be assessed for the specific type of violation according to the penalty schedule for a violation of § 234.305. 5For a violation of § 234.307(e) pertaining to recordkeeping, a penalty should be assessed for the specific type of violation in the penalty 

schedule for a violation of §§ 234.313 or 234.315, as applicable. 6FRA reserves the right to cite a violation for each item of required information omitted from a sign. 

7FRA reserves the right to cite a violation for each physical characteristic that is nonconforming. 

Issued in Washington, DC, on May 21, 

2015. 

Sarah Feinberg, 

Acting Administrator. 

[FR Doc. 2015–12775 Filed 5–27–15; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 150122067–5453–02] 

RIN 0648–BE83 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

amend the regulations implementing the 

Atlantic Large Whale Take Reduction 

Plan. This action will change the 

minimum number of traps per trawl to 

allow fishing with a single trap in 

certain Massachusetts and Rhode Island 

state waters; and modifies the 

requirement to use one endline on 

trawls within certain areas in 

Massachusetts state waters. Also, this 

rule creates a 1⁄4 mile buffer in waters 

surrounding certain islands in Maine to 

allow fishing with a single trap. In 

addition, this rule includes additional 

gear marking requirements for those 

waters allowing single traps as well as 

two new high use areas for humpback 

whales (Megaptera novaeangliae) and 

North Atlantic right whales (Eubalaena 

glacialis). 

DATES: This rule is effective May 28, 

2015, except for the amendment to 

§ 229.32(b)(3), which is effective July 1, 

2015, and the amendment to 

§ 229.32(b)(1)(i) and (ii), which is 

effective September 1, 2015. 

ADDRESSES: Copies of the supporting 

documents for this action, as well as the 

Atlantic Large Whale Take Reduction 

Team meeting summaries and 

supporting documents, may be obtained 

from the Plan Web site (http://

www.greateratlantic.fisheries.noaa.gov/

protected/whaletrp/index.html). Written 

comments regarding the burden hour 

estimates or other aspects of the 

collection of information requirements 

contained in this final rule can be 

submitted to Kimberly Damon-Randall, 

NMFS, Greater Atlantic Regional 

Fisheries Office, 55 Great Republic Dr, 

Gloucester, MA 10930 or Office of 

Information and Regulatory Affairs by 

email at OIRA_submissions@

omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails, NMFS Greater Atlantic Regional 

Fisheries Office, 978–282–8481, 

Kate.Swails@noaa.gov; or, Kristy Long, 

NMFS Office of Protected Resources, 

206–526–4792, Kristy.Long@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS published an amendment to 

the Atlantic Large Whale Take 

Reduction Plan (Plan) on June 27, 2014 

(79 FR 36586) to address large whale 

entanglement risks associated with 

vertical line (or buoy lines) from 

commercial trap/pot fisheries. This 

amendment included gear 

modifications, gear setting 

requirements, a seasonal closure 

(Massachusetts Restricted Area) and 

gear marking for both the trap/pot and 

the gillnet fisheries. 

In consultation with the Atlantic 

Large Whale Take Reduction Team 

(Team), NMFS developed protocols for 

considering modifications or 

exemptions to the regulations 

implementing the Plan. Following these 

protocols, on August 18, 2014, the 

Massachusetts Division of Marine 

Fisheries (DMF) submitted a proposal to 

modify the Massachusetts Bay 

Restricted Area and to exempt several 

areas from the gear setting requirements 

to address safety and economic 

concerns raised by their industry 

members. 

The DMF proposal adequately 

addressed the Team’s established 

protocols and criteria for considering 

modifications or exemptions to the 

Plan’s regulations, which enabled 

NMFS to consult with the Team on the 

DMF proposal. We decided to address 

the modifications to the Massachusetts 

Restricted Area and the exemption of 

the minimum number of traps per trawl 

requirements separately, beginning with 

the Massachusetts Restricted Area. After 

discussions with the Team, NMFS 


wreier-aviles on DSK5TPTVN1PROD with RULES